MoveWell Coaching Agreement & Terms of Service

Coaching Agreement & Terms of Service

Effective Date: 01/01/2025

1. Who We Are

MoveWell ("MoveWell," "we," "us," or "our") is a California-based company providing personalized fitness coaching and wellness services (the "Services") to our clients ("you" or "Client"). By signing up for, purchasing, or using the Services, you agree to be bound by this Agreement.

2. How to Contact Us

If you need help or have questions about your program, billing, or this Agreement, email hello@movewellclub.com or use the chat function in the MoveWell app. By submitting a form on our website or signing up for our Services, you agree that we, along with our representatives and business partners, may contact you regarding our Services.

3. Nature of Our Services — No Medical Advice

MoveWell provides fitness coaching, programming, and general wellness guidance. Our Services are educational and motivational in nature. They are not medical, psychological, or dietetic treatment, and using the Services does not create a doctor-patient, therapist-client, dietitian-client, or any other licensed clinical relationship between you and MoveWell or your coach.

Any nutrition guidance, meal suggestions, or macro targets provided through the Services are general in nature and are not a substitute for individualized medical or therapeutic nutrition advice. If you have, or suspect you may have, a medical condition — including but not limited to pregnancy, polycystic ovary syndrome (PCOS), diabetes, an eating disorder, a cardiovascular condition, or any food allergy or intolerance — you must consult a qualified physician, OB/GYN, midwife, or registered dietitian before beginning or continuing this program, and you remain solely responsible for confirming that your program is appropriate for your specific medical circumstances.

If you are pregnant, trying to conceive, postpartum, or managing PCOS or another hormonal or endocrine condition, you acknowledge that your coach is relying on the health information, restrictions, and medical clearance you provide, and that your coach is not a substitute for the ongoing supervision of your treating medical provider. You agree to promptly inform your coach in writing of any diagnosis, symptom, medical restriction, or provider recommendation that could affect your program, and to obtain updated medical clearance at any point your condition changes.

4. Eligibility & Health Disclosures

By enrolling in the Services, you represent that:

  • You are at least 18 years of age, or are enrolling with the consent and involvement of a parent or legal guardian;
  • You have disclosed to your coach any known injury, medical condition, pregnancy, or physical limitation that may affect your ability to safely participate;
  • You have obtained, or will obtain, clearance from a qualified healthcare provider before beginning any new exercise or nutrition program, particularly if you are pregnant, postpartum, managing a chronic condition, or have been advised by a provider to restrict physical activity; and
  • You will immediately stop any exercise that causes pain, dizziness, unusual shortness of breath, or any symptom of concern, and will seek prompt medical attention if needed.

5. Ordering & Payment

Orders for paid coaching services are processed through our third-party payment provider, Stripe, Inc. ("Stripe"). By signing up for our Services, you agree to Stripe's Terms of Service and Privacy Policy, available at stripe.com/legal/ssa. Your specific payment terms will be outlined in your order confirmation.

6. Commitment Period

By signing up for our Services, you agree to commit to an initial term of three (3) months of coaching (the "Commitment Period"). This Commitment Period is a material term of this Agreement and reflects the minimum time period we believe is necessary to safely and effectively pursue your fitness and wellness goals.

At the end of the Commitment Period, unless you notify us in writing at least thirty (30) days in advance of your intent to cancel, your coaching program will automatically continue on a month-to-month basis at the same agreed-upon rate then in effect, subject to Section 22 (Changes to This Agreement).

7. Canceling Your Membership

A. End of Initial Coaching Period

If you do not wish to renew after the Commitment Period ends, you must notify us in writing at least thirty (30) days before the last day of your Commitment Period. Failure to provide timely notice will result in your program automatically continuing on a month-to-month basis. Once cancellation has been confirmed in writing, your access to the MoveWell app will end and your coaching relationship will officially conclude.

B. Early Cancellation

If you cancel before the end of your Commitment Period, you remain responsible for fifty percent (50%) of the remaining balance owed for the unexpired portion of the term. To initiate an early cancellation, notify us in writing by email or through the app.

C. Card Authorization

You agree to maintain a valid payment method on file for the full Commitment Period. You must notify us immediately if your payment information changes. Failure to update your payment information before your billing date may result in a $50 late fee (see Section 8).

8. Late Fees & Failure to Pay

If payment is not received by the agreed billing date, a $50 late fee will apply and will continue to accrue monthly until payment is made. Please notify us in advance if you anticipate a late payment. If a payment remains outstanding into the next billing cycle without communication from you, this will be treated as a "Failure to Pay."

In the event of a Failure to Pay, we may send written notice (including by certified mail) and may refer your account to a collection agency or pursue other lawful remedies to recover amounts owed, including reasonable collection costs and attorneys' fees to the extent permitted by law.

9. Membership Pause Policy

Pauses must be requested in writing and are not effective until confirmed in writing by your coach. Every pause request must include an Estimated Return Date ("ERD"). Your membership will automatically resume billing on your ERD unless you contact us beforehand to request an extension or cancellation. MoveWell is not responsible for, and will not refund, charges resulting from a failure to notify us before your ERD.

10. Refund Policy

All payments are non-refundable, except in cases of a documented medical emergency that prevents your continued participation in the program. Refund requests must be submitted in writing with supporting documentation (such as a note from a licensed healthcare provider). All refund decisions are made at MoveWell's sole discretion.

11. Assumption of Risk

You understand and acknowledge that participation in physical exercise, strength training, cardiovascular activity, and any other activity recommended through the Services carries inherent risks, including but not limited to the risk of muscle strain, joint injury, cardiovascular events, and in rare cases, serious injury or death. This risk may be heightened by pregnancy, postpartum recovery, PCOS, or other medical conditions.

You voluntarily and knowingly assume all such risks and agree that you are participating in the Services entirely at your own risk. You confirm that you are physically able to participate in the program as designed, or have obtained medical clearance to do so with any noted modifications.

12. Limitation of Liability

To the fullest extent permitted by law, MoveWell, its owners, coaches, employees, and contractors are not liable for any injury, illness, health complication, death, or other damages arising from or related to your participation in the program, your use of the MoveWell app, or your reliance on any guidance provided through the Services, except to the extent caused by MoveWell's gross negligence or willful misconduct.

To the fullest extent permitted by law, MoveWell's total aggregate liability to you for any claim arising out of or relating to this Agreement or the Services shall not exceed the total amount you paid to MoveWell in the twelve (12) months preceding the claim. MoveWell is not liable for any indirect, incidental, special, or consequential damages of any kind.

You agree to indemnify and hold harmless MoveWell and its coaches from any claim, loss, or damage — including reasonable attorneys' fees — arising out of your breach of this Agreement, your failure to disclose relevant health information, or your failure to obtain appropriate medical clearance.

13. Force Majeure

MoveWell will not be held responsible for delays or interruptions in Services caused by events beyond its reasonable control, including natural disasters, acts of government, pandemics, or technical or platform failures. In such cases, MoveWell will make reasonable efforts to provide alternative solutions or resume Services as soon as practicable.

14. Intellectual Property

All materials provided by MoveWell — including workouts, meal plans, videos, templates, and other resources — are proprietary to MoveWell and are licensed to you for your personal, non-commercial use only. You may not reproduce, distribute, resell, or share these materials without MoveWell's prior written consent.

15. Client Responsibilities

You are responsible for actively participating in your program, following the guidance provided, and promptly communicating any issues, injuries, medical changes, or concerns to your coach. Failure to meet these responsibilities does not qualify as grounds for cancellation, pause, or refund under Sections 7, 9, or 10.

16. Termination by MoveWell

MoveWell reserves the right to terminate your participation at any time for non-compliance with this Agreement, disruptive or unsafe conduct, or failure to disclose material health information. You remain responsible for any outstanding payments owed through the remainder of your Commitment Period, subject to Section 7(B).

17. Payment Disputes

If you have a billing concern, you agree to first contact MoveWell directly to attempt to resolve it. If the dispute is not resolved and you initiate a chargeback with your card issuer, you agree to be responsible for any fees MoveWell incurs as a result of that chargeback.

18. Photo, Video & Testimonial Release

MoveWell values your privacy. If your photos, videos, or testimonials are used for marketing, we will request your consent in advance. If you consent, you may request that your face be obscured or that an alias be used. You may withdraw consent at any time by notifying MoveWell in writing; withdrawal will apply prospectively to future use.

19. Confidentiality & Data Privacy

MoveWell will keep any health information you share with your coach confidential, using it solely to design and adjust your program, except where disclosure is required by law or necessary to protect your safety or the safety of others. Please refer to our separate Privacy Policy for details on how your personal data is collected, used, and stored.

20. Third-Party Services and Links

The MoveWell app and Services may reference or link to third-party websites, applications, or tools (including Stripe) that are not owned or controlled by MoveWell. MoveWell does not endorse and is not responsible for the content, functionality, or practices of any third-party service. Your use of such services is at your own risk.

21. Legal Jurisdiction

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising from this Agreement will be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.

22. Changes to This Agreement

MoveWell may update this Agreement from time to time. We will provide reasonable written notice (email is sufficient) of any material changes before they take effect. Continued use of the Services after the effective date of any change constitutes acceptance of the revised Agreement.

23. Severability & Entire Agreement

If any provision of this Agreement is found invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. This Agreement, together with your order confirmation, constitutes the entire agreement between you and MoveWell regarding the Services and supersedes any prior agreements or understandings.

24. Acknowledgment of Understanding

By signing up for the Services, checking the acceptance box in your intake form, or otherwise using the Services, you acknowledge that you have read, understood, and voluntarily agree to the terms of this Agreement, including the assumption of risk and limitation of liability provisions, with full knowledge of their content and legal effect.

This document is a template and does not constitute legal advice. MoveWell should have this Agreement reviewed by a licensed attorney in its jurisdiction before use with clients.
© MoveWell. This page reflects the Agreement in effect as of the date listed above. Prior versions are retained on request.